ELK CORPORATION OF TEXAS or RGM Products (“ELK”) warrants to the person who owns a house or other residential or commercial building or premises when ELK ICEGARD™ ALL-CLIMATE SELF-ADHERING UNDERLAYMENT (“Underlayment”) is purchased and installed on that building or premises (“Original Owner”) that on the date the Underlayment is sold it is free from defects in materials or manufacturing workmanship that would adversely affect the performance of the Underlayment. THIS LIMITED WARRANTY IS PERSONAL TO THE ORIGINAL OWNER AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY.
LIMITED WARRANTY PERIODS: This Limited Warranty commences at the completion of the proper original installation of the Underlayment and continues only for the applicable limited warranty periods described below.
|Type of Underlayment
||Limited Warranty Period
|| Non-Prorated Coverage Period
Elk IceGard™ All-Climate Self-Adhering
Underlayment – Traction Grip™
|| 5 years
|Elk IceGard™ All-Climate Self-Adhering
Underlayment – Film Finished
|| 5 years
The useful life of a given product may be affected by many factors including: the weather conditions to which it is exposed; the quality of its installation; the type and quality of the construction, including the roof decking and ventilation; and other factors over which ELK has no control. This Limited Warranty describes your remedy in the event your Underlayment is found to have defects in material or manufacturing workmanship which adversely affect performance before the expiration of the applicable warranty period. No limited warranty assures that the covered products will last the entire length of the applicable warranty period.
LIMITATIONS OF REMEDIES AND LIABILITY: This Limited Warranty is the sole and exclusive remedy provided by ELK for Underlayment containing manufacturing defects affecting performance. For warranty claims of Original Owners, to the extent of the Underlayment that actually manifest defects in material or manufacturing workmanship which affect performance during the limited warranty period stated above, ELK shall either: (1) pay the reasonable replacement cost of defective Underlayment, prorated after the expiration of the five-year non-prorated coverage period applicable to the Underlayment; or (2) provide replacement Underlayment only or replacement underlayment of a similar design; or (3) pay the reasonable cost for repair of the defective Underlayment.
The decision on which of the stated remedies is provided to an Original Owner in each individual case shall be at the sole discretion of ELK. During the limited warranty period after the non-prorated coverage period, the replacement cost which ELK will pay to an Original Owner will be reduced by the amount of usage received from the Underlayment; in that event, ELK will pay a prorated percentage of the applicable reasonable replacement cost described above, which will be calculated by dividing the number of months remaining in the Underlayment’s warranty period by the number of months in the original limited warranty period. If providing replacement underlayment, ELK, wherever possible, shall replace Underlayment with underlayment of the same design. ELK reserves the right to replace defective Underlayment with underlayment of similar design. This Limited Warranty does not cover costs for application, tear-off, dump fees, flashing, metal work, roofing shingles, hip and ridge products, other underlayment, or related work.
THIS LIMITED WARRANTY IS EXCLUSIVE, SUPERSEDING ANY OTHERS, WRITTEN OR ORAL, AND EXCLUDES ANY OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ELK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, AND NO PERSON IS AUTHORIZED TO ALTER THIS LIMITED WARRANTY EITHER ORALLY OR IN WRITING.
ELK SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES. ELK SHALL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCTS LIABILITY OR ANY OTHER THEORY, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN.
SOME STATES MAY NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THEORIES OF LIABILITY, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES THE ORIGINAL OWNER SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE. IF ANY PROVISION OF THIS LIMITED WARRANTY IS INVALID, VOID OR UNENFORCEABLE IN ANY INSTANCE OR RESPECT, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND REFORMED TO EFFECT THE INTENT OF THIS LIMITED WARRANTY TO THE MAXIMUM EXTENT POSSIBLE, AND THE REMAINING PROVISIONS OF THIS LIMITED WARRANTY SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT WITHOUT BEING IMPAIRED OR INVALIDATED AND SHALL BE ENFORCED TO THE FULL EXTENT PERMITTED BY LAW.
WHAT IS NOT COVERED: ELK shall not be liable for, and this Limited Warranty does not apply to, any damages to the Underlayment or any other property from any cause other than the specific defects in materials or manufacturing workmanship defined in the Limited Warranty. The causes not covered by this Limited Warranty include, without limitation, damage to the Underlayment caused by: (a) fire, casualty or acts of God, such as hailstorms, hurricanes, tornadoes or other severe windstorms; (b) any distortion or movement of the roof deck, walls, or foundation of the building; (c) installation of the Underlayment not conforming with the instructions printed on the Underlayment wrapper; (d) any exposure to or application of paints or of any improper cleaning solutions, coatings, harsh airborne or liquid chemicals or modifications of any kind; (e) traffic (walking on the roof), misuse, neglect, or improper handling or use of the Underlayment before, during or after installation; (f) decking nails or staples backing out and either perforating or pushing up the Underlayment; (g) improper ventilation
or drainage; (h) misuse, unusual use, or improper handling or storage of the Underlayment by parties other than ELK, including from excessive exposure to impact, heat or moisture prior to application; (i) the failure to seal of the Underlayment due to insufficient heat exposure or direct sunlight; (j) damage to the Underlayment caused by blow-offs of field shingles on the same roof; (k) inadequate or faulty design of the building or premises on which the Underlayment is installed; or (l) ice damming beyond areas of your deck covered by Underlayment.
HOW TO MAKE A CLAIM: To request performance of any obligation asserted under this Limited Warranty, you should, within thirty (30) days of discovery of a problem, send written notification of
the alleged defect with a copy of your warranty card, proof of purchase of the Underlayment to either:
ELK at 4600 Stillman Boulevard; Tuscaloosa, Alabama 35401 or call 1-205-342-0200
ELK at 202 Cedar Road; P.O. Box 500, Ennis, Texas 75119 or call 1-866-355-8324
ELK at 6200 Zerker Road; Shafter, California 93263 or call 1-800-355-4968
ELK at 401 Weavertown Road; P.O. Box 228, Myerstown, Pennsylvania 17067 or call 1-717-866-8300
HOW CLAIM WILL BE HANDLED: Within a reasonable period of time from receipt of the claim, copy of warranty card and proof of purchase of Underlayment installed on your roof, ELK will review your letter and may ask for samples of the Underlayment, the field, hip and ridge or other shingles, and photographs showing the extent of the problem. You are responsible for providing these items, and any other materials reasonably requested, at your expense. You must allow reasonable time for investigation, including roof top inspection by an ELK employee and laboratory testing of the suspect Underlayment. ANY CLAIM FOR UNDERLAYMENT WHICH HAS BEEN REPLACED PRIOR TO ELK’S RECEIPT OF WRITTEN NOTICE, SAMPLES, AND ON-SITE INSPECTION CONSTITUTES SPOLIATION AND WILL BE DENIED. If the investigation reveals manufacturing defects covered by this Limited Warranty, ELK will provide, within a reasonable period of time, a settlement in accordance with the terms and conditions of the Limited Warranty.
THIS LIMITED WARRANTY IS A TERM AND CONDITION OF EACH SALE OF UNDERLAYMENT AND IS BINDING UPON EACH ORIGINAL OWNER AND PURCHASER.
EFFECTIVE DATE: THIS LIMITED WARRANTY IS EFFECTIVE FOR ELK UNDERLAYMENT SOLD AFTER: January 1, 2006 in the United States and Canada.
©2006 Elk Premium Building Products, Inc. All rights reserved. All trademarks designated ® are registered trademarks and all trademarks designated TM are other trademarks of Elk Premium Building Products, Inc., an ElkCorp (NYSE:ELK) company, or its subsidiaries. UL® is a registered trademark of Underwriters Laboratories, Inc. and HighPoint is a trademark claimed by Danse Corp.